Construction Program Guide

Indian Employment Preference on Federal-aid Projects

For a Federal-aid highway project, a State Transportation Agency (STA) may implement procedures or requirements which extend preferential employment to all Indians. Recruiting efforts may be targeted toward those living on or near a reservation or Indian lands. Indian preference shall be applied without regard to tribal affiliation or place of enrollment.

Indians previously hired by a contractor shall be included as part of the contractor's core-crew. In no instance should a contractor be compelled to layoff or terminate a core-crew employee (regardless of Indian or non-Indian status) to meet a preference goal.

Projects eligible for Indian employment preference are those located on roads within, or providing access to an Indian reservation or other Indian lands (as defined under the term "Indian reservation roads" in 23 USC 101(a)(12)), and projects located on roads that are "near" the boundaries of reservations. Roads "near" an Indian reservation are defined as those within a reasonable commuting distance from the reservation.

Authority/Legal Basis

Laws

Regulations

Orders

None

Policy

FHWA Notice 4720.7, Indian Preference In Employment On Federal-Aid Highway Projects On And Near Indian Reservations, March 15, 1993

Memoranda

06/16/93 - Letter from FHWA Administrator Slater to Al Potts of the Blackfeet Tribal Business Council. In summary, Indian Employment Preference is limited to hiring only; it does not extend to an Indian contracting preference.

07/15/1994 Memo from Tony Kane, Associate Administrator for Project Development to Region 10 Administrator Leon Witman. In summary, Notice 4720.7 is applicable to Indian Reservations as well as "other Indian lands."